Forks Township authorizes two suits against developer

By a unanimous vote Thursday, Forks Township supervisors authorized two lawsuits against developer Gary Strausser to cancel two incomplete phases of the Riverview Estates development and to replenish unpaid escrow accounts.

The action comes after Strausser did not respond to two letters sent Sept. 18 seeking $241,000 in escrow money and requesting the developer agree to other requirements as part of a deadline extension for his plans.

Last week, Strausser's attorney, Patrick Campbell of Philadelphia, said the developer considered the requests "retaliation" for a recent lawsuit and would not agree to any payments or extensions.

"I believe the developer has left the township with no choice but to initiate legal action on these points," said solicitor Karl Kline. "The time has passed for waiting for any more performance by this company."

Kline said Strausser missed the deadline in 2006 to submit final plans for two phases of Riverview Estates. The township said it would agree to extend the deadline as long as Strausser agreed to certain requirements, including replenishing the escrow.

Townships require escrow accounts as security in case a developer does not complete the agreed-upon work and improvements. If that is the case, the township can tap the money and finish the work itself.

In the lawsuits, the township seeks the escrow replenishment as well as a ruling that Strausser has lost the right to develop the two incomplete phases of Riverview for which he did not submit final plans.

In other business, Timothy Edinger, project manager with CMX engineering, said he expects construction of the planned open-air amphitheater behind the municipal building and related site work to cost about $515,000.

The board previously estimated the project to cost $250,000 to $300,000, not including $49,900 already approved for design and bidding. Township officials will pay for the project with recreation impact fees collected from developers.

The board agreed to consider comments from the Planning Commission and to discuss ways to reduce the project's cost.

Also, Kline said the planned $3.2 million public works building will not be built on a 23-acre tract south of Braden Air Park because of deed restrictions. The township prefers a 52-acre tract at Newlins and Richmond roads.